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Finggers

Terms of Service

You must read and agree to this Terms of Use Agreement (“Agreement”) if you are a User of the URL http://finggers.com, as well as its applications.

Account Use

1. All users must be 13 years or older to use this Service.

2. Accounts and user logins may not be registered via automated methods.

3. You must maintain the security of your account and your password.

4. You may not use this Service for any illegal or unauthorized purposes, such as violating third party copyrights. You must not store or post pornographic, obscene, defamatory, threatening or otherwise objectionable content, or content that violates any person’s intellectual property or links to such content, through the Service.

5. You must not transmit any malicious programs such as viruses, worms and other code or programs intended to inflict harm.

6. You are responsible for your account and all of its users’ activity and posted content.

Third Party Sites and Information

7. Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties, and which may contain references to information, software, materials, products, and/or services provided by the third party. These third party sites may contain information which some people consider inappropriate or offensive. You acknowledge that these third party sites are beyond our control, and we are not responsible for the availability of, or the content located on or through, any third-party site. We do not endorse nor assume any liability for the third party websites, services, or products.

Other Conditions

8. You may not duplicate, copy, modify, or reuse any portion of the HTML/CSS or visual design elements without our prior, express written permission.

9. Your use of this Service is at your sole risk. The Service is provided on an “as is” and “as available” basis.

10. You agree not to violate our copyright and not to reproduce, duplicate, copy, sell, resell, modify or exploit any portion of the URL or access to this Service without our prior, express written permission.

11. We shall have no liability, whether under any legal theory of warranty, contract, tort (including our negligence or the negliegence of any third party), strict liability, or otherwise, regarding the Service or other actions performed by us and relating in any way to this Terms of Use. In no event shall we or any third parties be liable for any special, indirect, incidental, or consequential damage or loss of any nature (such as damages for delay, damage to property, lost profits, death or injury to person, or any claims of those not a party to this Agreement) which may arise in connection with the Service or other acts performed under or relating to this Terms of Use.

12. We reserve the right to suspend or cancel your account access if in our reasonable judgment, your account is the source or target of a violation of any of these terms, or for any other situation we deem reasonably necessary.

13. If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.

14. This Agreement, together with the site Privacy Policy, shall constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understanding of the parties with respect thereto.

15. Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.

Disclaimer of Warranties

ALL SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE.

IN NO EVENT SHALL FINGGERS.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR THROUGH THIRD PARTY WEBSITES LINKED TO FROM THIS SITE. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US.

THE FINGGERS.COM IS ALSO NOT LIABLE FOR DAMAGE CAUSED BY THE LOSS OF DATA BY THE PROVIDER, STOPPED TEMPORARILY OR PERMANENTLY TO THE EQUIPMENT PROVIDER, PROBLEMS WITH THE NETWORK DATA TRANSMISSION, OR OTHER PROFESSIONAL ACTIVITIES NOT LINKED DIRECTLY TO THE COMPANY.

THE FINGGERS.COM IS ALSO NOT RESPONSIBLE FOR LOST DATA, DATA BREACH, INTERVENTION BY ELEMENTS AND/OR PERSONS, HACKER ATTACK, OR ANY OTHER DIRECT OR INDIRECT DAMAGE OCCURRED DURING THE PROVISION OF SERVICES AND APPLICATIONS.

YOU ARE SOLELY RESPONSIBLE FOR MAKING BACKUP COPIES OF ANY AND ALL OF YOUR IMAGE CONTENT. C2C BALLOON SHALL NOT BE LIABLE FOR ANY LOSS OF OR DAMAGE TO YOUR IMAGE.

Updates to the Terms of Service

16. This Terms of Use Agreement was last updated on April 20th, 2010. We reserve the right, at any time, to modify the website, applications and/or the terms of this Agreement without prior notice. We recommend that you check these Terms of Use periodically to see if there have been any modifications. Modifications will become effective immediately upon being posted on the website. Your continued use of the website after modifications are posted will be considered an acceptance of the modified Terms of Use.

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